Guarantee Promissory Note Template for Hong Kong

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Key Requirements PROMPT example:

Guarantee Promissory Note

"I need a Guarantee Promissory Note under Hong Kong law for a HKD 5 million business loan to my trading company, with monthly interest payments at 5% per annum and full principal repayment due by March 15, 2025, to be guaranteed by our parent company."

Document background
A Guarantee Promissory Note is utilized in situations where a creditor requires both a direct promise of payment and additional security through a guarantee. This document type is particularly relevant in Hong Kong's commercial environment, where it provides a streamlined way to document both the primary debt obligation and the guarantee in a single instrument. The document must comply with Hong Kong's Bills of Exchange Ordinance for the promissory note aspects and the Law Amendment and Reform (Consolidation) Ordinance for the guarantee provisions. It typically includes details of the payment obligation, interest terms, guarantee provisions, and enforcement mechanisms. This format is especially useful in commercial lending, trade finance, and business transactions where the creditor seeks additional security beyond the primary debtor's promise to pay.
Suggested Sections

1. Parties: Identifies the Maker (primary debtor), the Payee (creditor), and the Guarantor

2. Primary Promise to Pay: Unconditional promise by the Maker to pay a specific sum of money to the Payee, including the amount, currency, and due date

3. Interest Terms: Specifies the interest rate, calculation method, and payment frequency

4. Guarantee: The Guarantor's unconditional and irrevocable guarantee to pay the promised sum if the Maker defaults

5. Demand and Enforcement: Procedures for making demand for payment and enforcement rights

6. Representations and Warranties: Basic representations by both Maker and Guarantor regarding capacity and authority

7. Execution Block: Signature blocks for all parties with proper attestation requirements

Optional Sections

1. Security: Include when the note is secured by specific assets or collateral

2. Payment Schedule: Include when payments are to be made in installments rather than as a single payment

3. Default Interest: Include when there is a different interest rate applicable upon default

4. Transferability: Include when the note needs to be transferable or negotiable

5. Guarantee Limitations: Include when the guarantee is subject to specific limitations or conditions

6. Joint and Several Liability: Include when there are multiple makers or guarantors

Suggested Schedules

1. Payment Schedule: Detailed schedule of installment payments if applicable

2. Security Details: Description of any security or collateral provided

3. Guarantee Limit Calculation: If the guarantee is limited, the method of calculating the guarantee amount

4. Notice Details: Contact information and addresses for service of notices for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Banking and Financial Services

Commercial Lending

Corporate Finance

Real Estate

Trading and Commerce

Manufacturing

Import/Export

Small and Medium Enterprises

Professional Services

Investment

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Commercial Operations

Corporate Secretarial

Banking Relations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Legal Counsel

Commercial Director

Risk Manager

Company Secretary

Financial Controller

Credit Officer

Compliance Officer

Banking Relationship Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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